Who is Liable for a Truck Accident in Southern California?
Truck collisions are among the most deadly types of accidents you’ll ever see on California roads. Per the Statewide Integrated Traffic Records System, injuries and fatalities attributed to truck collisions have crept up steadily over the years. In 2017, there were nearly 7,000 injuries and over 300 fatalities. If you’re involved in a truck accident, you could find it frustrating to get the compensation you’re owed. Every involved party has their own insurance provider, and it feels like you’re going in circles as each company refers you to someone else.
That’s why you need the team at DeWitt Algorri & Algorri. Our passion for justice makes us the ideal advocate for our clients. We stop at nothing to find out what really happened in a crash and push for fair compensation for each client. In one truck accident case, we recovered $218,000 from a trucking company for a client who was struck by a truck in bumper-to-bumper traffic. Find out what we can do for your case—call us at 1-855-WINNING (946-6464).
Entities With Potential Liability in a Trucking Accident
The Truck Driver
In some cases, the truck driver is at fault for the accident. Trucking is an extremely demanding job that requires significant physical and mental energy. As a result, some drivers start to cut corners. Perhaps they don’t do a full inspection before taking the truck on the road or they get distracted by their phone on a long stretch of highway. Maybe they stretch their drive time a little longer than they should so they can finish their haul faster. These choices make it easy to speed, drive too recklessly, make unsafe lane changes or turns, and otherwise put other drivers at risk.
However, it’s important to note that a driver causing an accident doesn’t always mean that their insurance will pay. If they are employed by a trucking company, the accidents they cause will be covered by their employer’s insurance policy. If they are an independent contractor, they may have their own insurance that comes into play.
Truck Driver Employer
Employers can also be at fault for truck accidents. This industry is highly regulated, and drivers have strict limitations on how long they can drive, how frequently they need breaks, and how long they must be away from work before taking another haul. Some employers intentionally break these laws, knowing that the growing driver shortage will cause hauls to be late. In California, intrastate drivers can only drive 100 air miles at a time. The maximum duty period is 12 hours, and truck drivers can drive the entire time. Those driving interstate are subject to federal trucking laws. When an employer forces or coerces a truck driver to ignore trucking regulations in order to save time, they may be liable for any subsequent accidents.
Truck or Truck Component Manufacturer
Commercial trucks are massive, often weighing dozens of times more than a standard passenger vehicle when fully loaded. If one component is faulty, it can be disastrous. If a manufacturer creates an unsafe component or the truck manufacturer uses unapproved materials, they could be liable for sending drivers out in unsafe vehicles.
Cargo Loader
Careful loading of cargo is a crucial aspect of truck safety. When cargo is loaded into a truck in an unbalanced or haphazard manner, it puts the truck at serious risk of a rollover. Even a fast lane change or slight turn could cause the cargo to shift, pulling the rest of the truck with it. Since trucks have such a higher center of gravity, this is incredibly dangerous. If a company outsources cargo loading, they could be liable if a crash occurs.
Figuring Out Who is Liable is a Major Part of a Truck Accident Claim
Once liability has been determined, you still have to get them to offer a fair settlement. That’s one reason you need to bring in a strong legal team ready to fight for what you deserve. At DeWitt Algorri & Algorri, we take swift and decisive action to help our clients.
Choose DeWitt Algorri & Algorri—We’re Ready to Fight for You
A serious truck accident could leave you with permanent injuries, trauma, a totaled vehicle, and thousands of dollars in medical bills. You need a lawyer ready to take on the other party’s insurance company and demand fair compensation. Whether your case is settled out of court or goes to court, you can rely on us every step of the way. Call us now at 855-WINNING (946-6464) or reach out online to get started.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
