Who Is Liable in a Truck Accident in California?

The truck driver, trucking company, and other parties may be liable for a truck accident in California. If you’ve been injured in such an accident, you may be facing catastrophic injuries and mounting financial pressure from missed work and medical expenses. Our California truck accident lawyers at Sargent Law Firm Injury Lawyers identify the parties liable for your accident and build a case to hold them accountable so you get the compensation you need.

Who May Be Liable in a California Truck Accident?

California’s large highway systems means that there are many vehicle accidents every year. According to the Federal Motor Carrier Safety Administration, in 2023, there were 13,727 large trucks and buses involved in non-fatal crashes in California alone. In 2022, California had the second most deaths resulting from large truck accidents in the country. In cases where there are injuries or deaths, it’s essential to prove liability in order for victims to recover compensation for their losses.

Liability in this case refers to a party that is responsible for paying damages after a truck accident. For example, a drunk driver is often the liable party following an auto accident because they violated laws by operating a motor vehicle while under the influence. In truck accidents, there may be a few potential liable parties.

Those at fault may include:

The Truck Driver

Many accidents are, ultimately, the fault of a driver. They may be distracted or not following basic traffic laws. Some examples of truck driver negligence include:

• Failure to yield to oncoming traffic
• Going over the posted speed limit or other reckless driving
• Distracted driving such as talking on the phone or eating while driving
• Driving while under the influence of drugs or alcohol
• Violating hours of service regulations and driving while fatigued

A truck driver who is negligent behind the wheel may be at fault for the accident and liable for damages.

The Trucking Company

The truck driver’s employer may be vicariously liable for damages. Generally, an employer is responsible for its employees’ negligent actions, and if the truck driver caused your accident, then the trucking company that employs them may be liable for your damages.

In some cases, truck carriers may be negligent too and contribute directly to the accident. Examples include:

• Not hiring qualified drivers
• Not properly maintaining vehicles
• Not loading cargo correctly, leading to cargo shifts
• Not adequately training employees
• Not following safety standards

In either case, our attorneys can pursue a case against the carrier and its insurance company, so talk to your lawyer about your case and the carrier’s liability for your damages.

Parties Liable for Mechanical Failures

Further, commercial trucks require routine maintenance to ensure the vehicle is performing to a certain safety standard. Occasionally, however, accidents happen because something has been improperly installed or a mechanic was negligent in repairing the truck.

Brake failure and other mechanical problems may be due to improper maintenance or repairs, and the carrier could be liable for such negligence. Evidence such as inspection reports, maintenance records, and other documents can be crucial to prove liability.

Once your attorney has identified a liable party (or parties), they will need to present a case that proves fault and liability.

How Do California Laws Affect Liability Claims in Truck Accidents?

There are two primary laws that may affect a truck accident case. One is California’s Statute of Limitations on personal injury lawsuits. Under California CCP § 335.1, you typically have two years from the date of the accident to bring a personal injury or wrongful death lawsuit.

Further, California is an at-fault state for accidents. This means that the party that is at fault is responsible for damages suffered by other parties involved in the accident. In the case of truck accidents, vicarious liability may mean truck carriers are liable if their truck driver was at fault for the wreck.

However, this also means that the victim has the burden of proving that the other party (or parties) caused the accident. Liability can be complex to prove, as there may be multiple factors that influenced the crash or evidence may be limited. Our personal injury attorneys can help your personal injury claim to establish fault and liability.

How Is Liability Proven in a California Truck Accident?

Once a liable party has been determined, our California truck accident attorneys will build a case proving the party’s negligence so that you can recover compensation for medical bills and other financial losses. They may do this through a variety of ways, including:

• Analyzing Evidence: Photographs, video footage from traffic or dash cams, and other evidence from the crash scene can help fill in the picture of what happened during an accident.
• Interviewing Witnesses: Eyewitnesses can often offer unbiased accounts of what occurred.
• Reviewing Crash Reports: Law enforcement, such as the California Highway Patrol, on the scene of an accident will write reports that contain their narrative of what occurred, descriptions of evidence and injuries, contact information for witnesses alongside their statements, and more.
• Consulting Experts: In some cases, accident reconstruction experts may prove vital for explaining how an accident occurred.

How Can You Help Establish Liability After a California Truck Accident?

While your trucking accident lawyer will build a case for your claim and gather evidence on your behalf, there are some steps you can take to help. These steps are:

• Seek Medical Care: Documentation of your injuries can be important for showing the severity of a crash.
• Call the Police: Police officers on scene will help ensure the safety of everyone involved in addition to documenting evidence.
• Take Photos: If you are able to do so, taking photos of your injuries and the accident scene can be helpful for your claim.

Contact a California Truck Accident Lawyer If You’ve Been Injured

If you’ve been injured in a California truck accident, the personal injury lawyers at Sargent Law Firm Injury Lawyers can help. We’ve obtained over $40 million for injury victims, and we are dedicated to fighting for the fair compensation you are entitled to. We can negotiate with insurance companies on your behalf, gather evidence to support your claim, offer guidance on any settlement offers, and support you throughout your truck accident claim.

We operate on a contingency fee basis, which means you only pay attorney fees if you recover compensation. There are no upfront attorney fees. Contact us today for a free case evaluation.