Who Is Liable if I am Injured in a Trucking Accident?

 Posted on April 10,2023 in Truck Accidents

Commercial trucks in California transport tons of vital goods. But the enormous trucks must share the roads with smaller vehicles that should not be taken for granted. In 2020, 398 people died in a crash involving a large truck in California. That is a 31 percent increase over the last decade. Trucking accidents continue to lead to substantial injuries and liability is not always obvious. But it is important to hold truck drivers and transportation companies accountable for negligent driving. Here we will take a closer look at the various parties that may be held liable for injuries sustained in a truck accident.

Truck Drivers

Truck drivers in California receive extensive training and must have a commercial driver’s license. However, most truck accidents are caused by driver error. Negligent behaviors can also include driving under the influence of drugs or speeding. These actions can lead a truck driver to be held liable for someone’s injuries.

Trucking Companies

Commercial truck companies also must make sure their drivers are qualified and competent. Drivers need a commercial driving license and they must agree to drug and alcohol screenings by the employer. If a trucking company does not meet legal standards, it will share in the liability.

In circumstances in which an employer has unreasonable expectations for truck drivers then liability could extend to the trucking company. The employer must follow the regulations of the Federal Motor Carrier Safety Administration (FMCSA) which determines a cap on how many hours a driver can operate the vehicle before taking a break. If the company disregards state regulations and these rules, it could be liable for damages.

Equipment Failure

Federal regulations also dictate truck maintenance requirements. Often, companies will hire maintenance crews to perform routine truck maintenance or make necessary repairs before a truck hits the road. If truck maintenance is not properly executed, the company may be liable for damages.

Manufacturers responsible for making truck parts could also be blamed. Defective truck parts can cause catastrophic accidents and manufacturers should make sure that all truck parts are safe.

Cargo

A loading company hired to load the cargo could be held liable for damages if it fails to properly load the trucks. An imbalance in the weight distribution could lead to a jackknife accident. Overloading a truck can cause the truck to tip over and improperly secured cargo could also lead to accidents.

Contact a Riverside County Trucking Accident Lawyer

If you or your loved one has been injured in a truck accident you need a skilled California trucking accident attorney who will protect your legal rights. At Maineri Law Firm we can help you understand all of your legal options and work to ensure you get the compensation you deserve for someone else’s negligence. Call 951-698-4200 for a free consultation.

Source:  

https://www.safertrucking.org/state-fact-sheets