Commercial trucking accidents have the potential to cause serious injuries and even fatalities. Determining liability after any truck accident, especially when fatalities are involved, can become a logistical nightmare.
Truck accidents are not like car accidents. They tend to be more catastrophic from an injury perspective. Furthermore, they are complex from a legal standpoint, as multiple parties can all be held liable, such as a truck driver, other drivers, truck manufacturer, or the truck company. Even a driver who was injured due to strong impact can share a degree of responsibility for causing the accident. However, it is important to know that an injured driver who is found partially responsible for causing a truck accident may still be able to recover some damages.
If you have suffered injuries after a truck accident, you may be entitled to receive compensation for your medical bills, lost wages, pain and suffering, and possibly more. At West Coast Trial Lawyers, our San Bernardino truck accident attorneys have over 60 years of collective legal experience in handling personal injury cases. With our track record of winning over $1 billion in settlements for our clients, we have been recognized as one of the top personal injury law firms in San Bernardino.
Contact our 24/7 legal team today by calling (909) 787-2178 or emailing [email protected] to schedule a free consultation at our San Bernardino personal injury law firm.
Before discussing how responsibility for a commercial trucking accident is determined, below are four important tips for minimizing the possibility of a truck accident.
Determining liability for a commercial trucking accident typically involves one, and sometimes both, of the following two legal theories: negligence or strict liability.
What is negligence as it relates to a San Bernardino trucking accident? According to California negligence law, truck drivers who are negligent can be held liable for any injuries or losses caused to others as a result. Therefore, drivers who were injured by negligent truck drivers can file a personal injury lawsuit to recover compensation for their injuries.
There are three (3) elements considered in determining if a truck driver was negligent:
What is a duty of care? A duty of care is a legal requirement for every truck driver to be mindful of other drivers and always use reasonable caution while on the road. For example, a duty of care for a truck driver requires them to watch out for pedestrians, vehicles, and other obstacles. It also means controlling the movement and speed of their truck.
What is strict liability as it relates to a truck accident? Some commercial trucking accidents are not caused by truck driver negligence. For example, if a commercial truck’s brakes were to malfunction and cause a collision, several parties can be held liable. It’s possible that the brakes were defective. The truck company could have failed to perform necessary maintenance to make sure the brakes were working.
Please consult with an experienced San Bernardino truck accident attorney to determine whether you can bring a claim based on a theory of strict liability.
Commercial trucking accidents happen. However, if you were injured because of someone else’s negligence, you may be entitled to compensation for your losses. There are two types of damages a victim may recover from a truck accident, which are called economic damages and non-economic damages.
Economic damages are awarded to compensate truck accident victims for losses that a dollar amount can objectively be attached to. It is calculated by determining the out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries. Recoverable economic damages an individual may be granted include medical bills, loss of earning capacity, and property damage.
Non-economic damages are awarded to compensate truck accident victims for losses that are thought of as subjective. Non-economic damages may include compensation for loss of enjoyment of life, emotional distress, and pain and suffering.
If you or a loved one were involved in a truck accident, West Coast Trial Lawyers has San Bernardino truck accident attorneys with over 60 years of collective legal experience in handling personal injury cases. We are confident that we will get you the maximum compensation you deserve for your losses.