Who Is Liable in a Commercial Trucking Accident in Temecula?

Liability for a commercial trucking accident in Temecula will rest with the party or parties whose negligent behavior caused or contributed to the crash. A truck accident lawyer with our law firm can help you identify at-fault parties and prove they owe you compensation for your damages.

Commercial Trucking Accidents Can Involve Multiple Liable Parties

One aspect of commercial trucking accidents that makes them complex is that there is often more than one person or entity at fault. Potentially liable parties in a truck crash may include:

• The commercial truck driver: Truck drivers in Temecula must obey the same “rules of the road” as any other motorist. They must also adhere to standards for commercial vehicle operators set by the Federal Motor Carrier Safety Administration (FMCSA). When drivers break traffic laws, do not follow FMCSA regulations, or engage in other negligent behaviors, like drinking and driving or distracted driving, they can be held liable for causing an accident.
• The trucking company: Your claim will likely involve the trucking company as well as the truck driver because vicarious liability allows victims to hold employers responsible for their employees’ negligent actions. The trucking company may also be liable for its own negligent behaviors, like failing to conduct mandatory alcohol and drug screenings on drivers or setting unreasonable delivery schedules.
• The entity in charge of the truck’s maintenance: The truck’s owner (which may be the driver, the trucking company, or a third party) or the entity in charge of maintaining the commercial vehicle may be liable if the crash involved a vehicle defect or a lack of required safety features, such as underride guards.
• The owner or loader of the truck’s cargo: When a truck’s cargo is overloaded, incorrectly loaded, or not properly secured, it can shift, causing the driver to lose control. Goods can also fall from the truck into the roadway. When collisions involve cargo issues, the company that owns the goods or loaded them onto the truck may be liable.
• A property owner: Liability may rest with a public or private property owner if the accident involved negligent road maintenance or poorly designed roadways.
• A third-party motorist: A third-party motorist may be at fault if their negligent driving caused you or the commercial truck driver to make a defensive maneuver that led to the accident.

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How to Prove Truck Accident Liability

Proving liability for a trucking accident in Temecula requires building a case based on the following four elements of negligence:

1. Duty of care: The duty of care is the legal obligation to behave reasonably and avoid harming others. Everyone involved in commercial trucking has a duty to follow state and federal laws and FMCSA regulations. They also have a duty to execute their role correctly and in the safest manner possible, whether their job is to drive the truck or change its tires.
2. Breach of duty: A party’s actions breach the duty of care when they fall outside what most others would find necessary or reasonable. A breach can also be a failure to act when needed. Any violation of the law is a breach of duty.
3. Causation: Causation shows how a liable party’s breach of duty led to a victim’s injuries. So, for example, you might build a case proving that a truck driver sped through a red light, which led to them T-boning your car, causing you to break your leg and hurt your back.
4. Damages: Damages prove that a victim’s injury caused them financial losses, pain and suffering, and they qualify for compensation.

You must support claims of negligence with evidence. Proof in a commercial trucking accident case may include the following:

• Photographs and video of the accident scene and vehicle damages
• Physical debris from the crash site
• Cell phone, surveillance, or dashcam video of the crash
• Medical records
• Police reports
• Eyewitness testimony
• Testimony from experts, including crash reconstruction specialists and medical professionals
• Truck driver logs, the truck’s data recorder, truck maintenance records, and other evidence that may be in the trucking company’s possession

If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.

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Damages Victims Can Pursue from a Liable Party

You can seek compensation from all those at fault for your trucking accident. In general, personal injury damages may include the following:

• Medical expenses, including current and future treatment
• Lost income, including lost wages and reductions to your earning capacity
• Pain and suffering, including monetary compensation for permanent and disabling injuries, emotional suffering, mental anguish, and diminished quality of life
• Wrongful death of a loved one, including medical bills, burial and funeral costs, loss of your loved one’s income, and the loss of their services, support, and intangible benefits

Time Limits for Seeking Commercial Truck Accident Compensation

You have a limited amount of time to take action against liable parties.

According to CCP § 335.1, the statute of limitations for filing a personal injury or wrongful death lawsuit in California is two years. If time expires, the court will likely refuse your case. You lose your legal leverage over the insurance company if you cannot sue, so this deadline will also affect your insurance claims.

Do You Need an Attorney to Handle Your Trucking Accident Case?

Commercial trucking accident cases can be challenging and involve multiple claims against multiple liable parties. You will also likely be up against the trucking company, its insurers, and their teams of attorneys. It can help to have a legal representative on your side who will protect your rights, manage your case, and fight for the maximum compensation possible.

While you focus on your health, a truck accident lawyer with our firm can:

• Investigate your accident and gather evidence
• Identify liable parties
• Identify your damages
• Prepare and file insurance claims
• Aggressively negotiate on your behalf
• Handle case-related deadlines, communications, and “red tape”
• File a lawsuit and represent you at trial if necessary

Contact Sargent Law Firm Injury Lawyers Today

Sargent Law Firm Injury Lawyers can help you hold liable parties accountable for your commercial trucking accident. We have recovered over $40 million in settlements, verdicts, and judgments for our clients.

Contact us today for a free consultation and connect with a truck accident lawyer in Temecula. We do not get paid until we win your case.