IWV Legal proudly serves clients throughout Kern County on Personal Injury cases.
IWV Legal advocates for injured individuals throughout Kern County, CA. Trucking accidents are a specific category of auto accidents that can be confusing to navigate when it comes to liability — is the driver liable for the truck malfunctioning, or is their employer or the trucking company liable? We can take a deeper look at the circumstances of your case and help you determine how to take legal action for damages in your trucking accident.
Contact IWV Legal online for an initial consultation to discuss your case.
Alternatively, the truck manufacturer or distributor can be held liable under strict liability in California if the cause of the trucking accident was a defective product, such as malfunctioning brakes. Negligent actions are not required to bring forward a case of strict liability; any evidence of a product defect will render the trucking manufacturer or company strictly liable. Some examples of strict liability cases involving manufacturers of trucks with faulty tires or breaks or loose cargo ties or straps.
Who Is Liable?
The circumstances of the accident will determine the party at fault, or liable, for the trucking accident. It might be the fault of the truck driver who caused the accident, the trucking company for hiring an untrained driver, or the truck manufacturer for providing a truck with faulty brakes. The defendant party may also allege that the injured driver shares some fault for the accident, such as by violating a traffic rule that inadvertently caused the accident, which means both parties are liable under California’s comparative negligence rule.
Whether both parties caused the accident or only one party is at fault, though, the court will examine two legal theories for trucking accident cases: Negligence and strict liability.
According to California’s negligence laws, the truck driver is the liable party if:
- the driver owed a duty of care (e.g., using reasonable care while operating the truck) to the injured plaintiff;
- the driver breached that duty of care; and
- the breach caused injury to the plaintiff.
Schedule an initial consultation with IWV Legal to get started on your case.
Successful trucking accident lawsuits may award the plaintiff a range of economic (monetary) and non-economic (non-monetary) damages.
Out-of-pocket expenses that can be recovered as economic damages include:
- Medical bills
- Lost wages
- Lost earning capacity
Non-economic damages that can be recovered include pain and suffering, emotional distress, and loss of enjoyment. In cases where the court deems the defendant’s behavior was especially harmful, they may order punitive damages that are meant to punish the defendant and discourage them from repeating the same conduct. Punitive damages are rarely granted, however, and are reserved for serious situations.
If you have been injured in a trucking accident, consult a lawyer to discuss your legal options. It is important to work with an experienced professional, as the liable party may vary depending on the circumstances of the accident. Our lawyers at IWV Legal can help you determine whether the truck driver, trucking company, or truck manufacturer is at fault for your accident and responsible for paying out damages.
The statute of limitations for suing for a trucking accident is two years from the date of the accident if you seek to recover damages for injury to the body. Do not hesitate to speak with IWV Legal soon after your accident so we can get started on your case in a timely fashion and get you the damages you need to recover.