Who’s Liable in a Los Angeles Truck Accident? Truck Driver vs. Trucking Company
As one of the most densely populated and traffic heavy cities in the US, truck accidents in Los Angeles are all too common, occurring on the scale of many thousands each year. The massive size of semi-trucks compared with personal vehicles on the road means that many of these accidents result in severe damage and injuries. To fight for the justice and compensation you deserve after a truck accident you must identify the liable party. So, how do you know if the truck driver or trucking company is responsible for the accident? If you or a loved one were in a truck accident, contact the Los Angeles truck accident attorneys at BD&J to help you determine whether the truck driver, trucking company, or both can be held responsible.
Truck Accident Basics in Los Angeles
Los Angeles is a port city and a major transportation hub leading to heavy truck traffic on already congested freeways. Of these freeways, the 710 is noted for its high rate of truck accidents each year. Most of these accidents occur at junctions like the 710/60 interchange or the 710/105/91 interchange. Unfortunately, truck accidents tend to result in severe injuries and even death given the drastic size and weight discrepancy between trucks and other vehicles. However, commercial truck insurance regulations in California require substantial liability insurance to help cover significant damages when accidents happen. Minimum truck liability insurance starts at $300,000 and extends up to $5,000,000 depending on the materials being transported.
Truck accident claims are often more complex than other traffic accidents due to the various parties involved that can be held liable. In addition to the truck driver and the trucking company, there are third-party actors like truck manufacturers, mechanics, and cargo loaders that can be at fault for a truck accident. Fortunately, truck accident attorneys in Los Angeles are trained to investigate complex cases and find evidence that proves who is liable.
Truck Driver Liability
The truck driver is liable if their negligent actions directly resulted in the accident.
Personal Liability: Driver negligence can be attributed to distracted driving, speeding, DUI, fatigue, and violating hours-of-service rules. Truckers’ hours of service are regulated by California Vehicle Code (CVC) 21702 to prevent fatigue-related accidents. In California, truckers cannot drive more than 12 consecutive hours and require at least 8 hours of off-duty time before getting back on the road.
Trucking Company Liability
The trucking company can also be held responsible for an accident for a variety of reasons.
Vicarious Liability: California law can hold trucking companies responsible for drivers’ actions if accidents occur within the scope of employment. This comes from the legal principle of “respondeat superior” which means that an employer is responsible for an employee’s actions while completing job duties.
Direct Liability: Trucking companies, like any business, are responsible for their own employment practices, safety policies, and scheduling. Therefore, the trucking company can be held responsible for accidents in many cases. The Los Angeles truck accident attorneys at BD&J have worked on cases where trucking companies:
- Fail to enforce safety rules.
- Pressure drivers to exceed safe/logged driving hours.
- Are found to be negligent in hiring, training, or supervising drivers.
- Are responsible for truck maintenance, and the accident is caused by poor maintenance.
Comparative Fault and Multiple Parties
California’s comparative negligence system means that multiple parties can share liability in a truck accident. In scenarios with multiple at-fault parties, a judge or jury will determine each party’s percentage of fault, and each party is responsible for their respective share of the damages and compensation. Ultimately, in some truck accident cases both the driver and the trucking company can share liability for the accident.
How a Los Angeles Truck Accident Lawyer Can Help
Lawyers can help you pursue justice and compensation with ease. They manage an accident claim by investigating, gathering evidence, identifying liable parties, and navigating complications. A thorough investigation helps identify fault in the accident and collect evidence that proves liability. When complications arise such as disputed injuries, shared liability, or commercial regulation violations, a Los Angeles truck accident lawyer can be particularly helpful.
Truck accident lawyers also support the success of your claim by handling communication with insurers and using aggressive negotiation strategies. Communicating with insurance companies can be challenging since their goal is to minimize payouts to protect their bottom line. Many accident victims make the mistake of speaking with insurers without their lawyer, and this can lead to saying something that can be misconstrued as your fault. When it comes to negotiating for a fair settlement, your lawyer will use the necessary tactics to counter disputed claims and push for maximum compensation.
Frequently Asked Questions
What if the trucking company claims the driver was an independent contractor?
Even if the truck driver was an independent contractor, the trucking company is still responsible for the hiring and training of the driver. The trucking company can be held responsible for an accident if poor hiring and training practices were involved in contracting the driver. The maintenance of the truck can also be the trucking company’s responsibility; in this case if poor maintenance caused the accident, the company would be at fault.
What if the accident was caused by a mechanical failure?
An investigation into a truck accident should include assessment of any mechanical failure. If mechanical failure is found, the Los Angeles truck accident attorney on the case will evaluate if the failure was caused by a manufacturing defect or poor maintenance. Depending on the outcome of the investigation, the manufacturer or mechanic can be held responsible for causing the accident.
Does liability change if the accident involved an out-of-state truck company?
When a truck accident involves an out-of-state truck company, the accident is governed by the state where the accident occurred. If you experience a truck accident in Los Angeles with an out-of-state truck company, your case falls under the jurisdiction of California courts.
How long do I have to file a claim after a truck accident?
In California, victims have two years from the time of the accident to file a personal injury case. An exception to this is if the accident was caused by damaged road infrastructure, because cases that involve municipalities or government entities have a six-month statute of limitations.
What evidence is important in proving liability in a truck accident?
The key to proving liability in a truck accident case is to gather evidence that demonstrates negligence on the part of the truck driver or trucking company. Critical evidence often involves witness statements, photos and videos of the accident, data from the truck’s system (black box data), police reports, and expert testimonials.
Pursuing Justice for Los Angeles Truck Accident Victims
After more than 20 years of serving victims of truck accidents in Los Angeles, the BD&J team has developed a strong track record of successful cases and happy clients. Our dedication to pursuing justice and maximum compensation for clients has resulted in winning more than $2 billion* for accident victims. If you or a loved one were injured in a truck accident, contact BD&J’s Los Angeles truck accident attorneys today. Get started with a free consultation where a legal expert will review your case and assess how much compensation you can expect.
