How Is Fault Determined in a Truck Accident Claim?

There are notable differences between truck and car accidents in California. If you are involved in a trucking crash, reach out to a lawyer. You and a Los Angeles truck accident attorney can work together to figure out who is at fault for your collision and hold any negligent parties accountable for their actions.

Venerable Injury Law is a leading choice for personal injury claims in California. Our Los Angeles truck accident lawyer can take a look at your case right away. Contact us today to get started.

Liability in Trucking Accident Claims 

The circumstances of your truck collision determine who is at fault. In many instances, the trucking driver and their employer may be accountable. There are also times when a truck, parts manufacturer, or other parties may be sued for damages.

To prove liability after a trucking crash, you must show that any at-fault parties were negligent. You are responsible for the burden of proof, i.e., evidence that compels a judge or jury to award damages. Along with this, you must show that the following elements of negligence were present when your crash happened:

• The at-fault party had a duty of care, which is a legal obligation to act with care toward you and others. 
• This party breached their duty of care. 
• Because the party violated their duty of care, you were involved in an accident and suffered an injury. 
• The accident and injury caused you to suffer quantifiable and subjective losses. 

California is classified as a pure comparative negligence state. If someone else is in any way responsible for your trucking crash, you have the option to sue for damages. At the same time, the defendant in your claim may cite comparative negligence as a reason to avoid having to pay the full amount of your losses. 

Trucking Violations that Can Lead to Accidents

There are hours of service regulations in place across the United States. These requirements limit the amount of time that truckers can spend behind the wheel. If a truck driver or their employer violates these laws — and you are involved in a trucking accident — you may be able to request compensation. 

Truckers are expected to follow posted speed limits and other rules of the road. Regardless, there are instances where a trucking driver does not operate their vehicle safely. Examples of times when a truck driver chooses to be negligent and can cause an accident include driving while distracted or operating a vehicle while intoxicated.

If a trucking company does not take care of its vehicles, performance and safety issues can come up that lead to crashes. In addition, a truck business may not provide sufficient training or let employees operate vehicles without a valid commercial driver’s license (CDL). If the company makes these mistakes, it can be held responsible if one of its drivers causes an accident. 

When to File a Trucking Accident Claim

Do not wait too long after your truck crash to seek compensation from any at-fault parties. There is a two-year statute of limitations for personal injury claims in California. If you do not notice your injury right after your collision, you have up to one year from the date of discovery to sue for damages. 

Meet with a truck accident lawyer in Los Angeles before you file your claim. Doing so allows you to go over your legal options. Your attorney can explain what happens in personal injury cases and help you establish realistic expectations for your claim. 

At Venerable Injury Law, we make it easy to identify the at-fault party in a truck accident case and request compensation. Our truck accident attorney in Los Angeles is available to discuss your case. To find out more, get in touch with us. 

Tips to Determine Fault and Prove Negligence in a Truck Accident Lawsuit

You can recover economic and non-economic damages for medical bills, pain, suffering, and other losses you incur in a trucking accident. A court may also award exemplary damages to deter an at-fault party from future negligent acts. There are many things you can do to boost your chances of securing damages, such as:

Build a Body of Evidence

Medical records, accident scene photos and videos, witness statements, and other pieces of evidence can help you show a defendant was at fault. Your attorney can work with you to gather evidence. Over time, you can build a body of evidence that strengthens your case. 

Continue to Receive Medical Care

You may suffer short- and long-term injuries in a trucking crash, and you need to treat them accordingly. Go to a doctor immediately after your collision and receive any follow-up care. Attend medical appointments and track your expenses since you may be able to get compensation for them from any at-fault parties. 

Be Careful About What You Post on Social Media

Even though you want to keep family members and friends up to date after your truck collision, doing so through social media may do more harm than good. The defendant in your case may look at your social media accounts and use any photos, videos, or other content against you. Rather than publish updates about your accident online, share them directly with those who care about you. 

Do Not Communicate with the Defendant or Their Insurance Company

If the defendant or their insurance provider contacts you about a settlement, do not respond. They may do so in the hopes of getting you to accept responsibility for your accident or accept a lowball settlement offer. In either scenario, do not say anything since whatever you state may be held against you. 

Hire an Experienced Trucking Crash Lawyer

Partner with an attorney who has achieved outstanding trucking collision case results. Schedule a date and time to meet with a lawyer to discuss your claim. Ideally, you can find an attorney who gives your case the attention it deserves. 

Venerable Injury Law fights for our clients. If you want legal help with your trucking accident claim, we are here to assist you. To request a free case consultation, contact us today.