However, these large vehicles also pose risks to other motorists. In 2023 alone, around 406 truck accidents were reported in San Diego county. If you’re injured in a truck accident, determining who is liable for your damages can be complex.
Who Can Be Liable in a Commercial Truck Accident
Liability in a car accident is often straightforward, but commercial truck accidents involve multiple potential parties. Investigators typically examine factors like mechanical failures, driver errors, and improper cargo loads to determine fault.
The Truck Driver
Truck drivers are often the first party considered in an accident. Commercial drivers must follow safety laws, maintain their trucks, and remain attentive. Negligence on the driver’s part can include:
- Fatigue from violating hours-of-service regulations
- Distracted driving (e.g., using a cell phone)
- Speeding or reckless driving
- Driving under the influence of drugs or alcohol
If the driver is at fault, they can be named in your personal injury claim.
The Trucking Company
Trucking companies are responsible for ensuring their drivers comply with state and federal regulations, including proper training and supervision. They can be held liable for:
- Negligent hiring practices
- Failure to enforce safety regulations
- Ignoring vehicle maintenance needs
Companies are generally responsible for their employees’ actions while they’re on the clock. However, proving company negligence can be tricky, particularly if it involves cutting corners to reduce costs. An experienced attorney can help investigate safety violations and hold the company accountable.
Truck Manufacturers
If a mechanical failure, such as brake or engine malfunction, causes an accident, liability may fall on the truck’s manufacturer or parts supplier. This applies when the failure is due to a design flaw or manufacturing defect.
Proving a product defect requires an in-depth investigation, often best handled by a personal injury attorney. However, because you didn’t purchase or install the defective part, you’ll typically file a personal injury claim rather than a product liability claim.
Maintenance and Inspection Providers
Trucking companies often rely on third-party maintenance and inspection services. If these providers fail to properly maintain or inspect the truck, they may be held liable for resulting accidents. To prove this, maintenance and inspection records are key evidence, which your attorney can request or subpoena if necessary.
Cargo Loaders
Improperly loaded cargo can cause a truck to tip or lose balance, leading to an accident. While some truck drivers load their vehicles, many companies outsource this task. Cargo loaders are responsible for balancing and securing the load properly. If they fail to meet these standards, they can be held liable.
Don’t Wait to File Your Claim
Filing a personal injury claim is often the only way to recover compensation for your damages. However, California’s statute of limitations gives you just two years from the date of the accident to file a claim. If you miss this deadline, you may lose the right to pursue compensation.
Get Help From an Experienced Attorney
Determining liability in a commercial truck accident can be challenging, especially when multiple parties are involved. A skilled San Diego County personal injury attorney can investigate the accident, identify all liable parties, and help you secure the compensation you deserve. Don’t wait—start the process as soon as possible to protect your rights.
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