Large commercial trucks are essential links in the nation’s supply chain, bringing goods and services into and out of California. Unfortunately, they also tower over smaller vehicles on the road and outweigh them by more than 75,000 pounds when fully loaded. According to the National Safety Council, about 70% of truck accident injuries and fatalities occur to those in smaller vehicles, not to the truck driver.
Like many states, California’s fault-based insurance law requires traffic accident victims to prove an at-fault driver’s liability to recover their damages. Determining and proving liability is often a challenging endeavor in a truck accident claim, making the assistance of a Van Nuys truck accident attorney essential.
Commercial Truck Regulations
Large commercial trucks commonly carry goods across state lines, subjecting them to Federal Commercial Motor Carriers Administration (FCMCA) regulations. Regulations include limiting driving hours, requiring diligent hour logging, regular inspections, routine maintenance and maintenance record-keeping, and requirements for balancing and securing cargo.
It takes many separate entities to ensure that a safe, well-maintained truck with a secure load driven by a well-qualified truck driver shares the roadway with vulnerable motorists. If one of the many people or companies involved in the freight industry deviates from FCMCA regulations or fails to pay due diligence, it may result in a devastating accident.
Who Is Liable for Damages In Truck Accident Claims?
Truck accidents are disastrous scenes, often causing multiple injuries and fatalities. An injury victim suffers economic damages as well as painful injuries. To recover fair compensation for damages like property damage, medical expenses, lost earnings, and pain and suffering requires showing compelling evidence of liability. This entails an in-depth investigation due to the many potentially liable parties. In pure comparative negligence states, multiple entities could share liability for damages. Common liable parties in truck accidents include the following:
- The driver
- The trucking company
- A truck maintenance company
- A negligent freight-loading company
- The manufacturer of a defective truck part, tire, or trailer part
In some circumstances, other entities could be at fault or partly at fault for a truck accident, like a third-party driver or a negligent road maintenance or road construction agency.
How Does Pure Comparative Negligence Work In Truck Accident Claims?
In a pure comparative negligence state like California, injury victims may still recover a portion of their damages even if they contribute to the cause or severity of the accident. Unfortunately, insurance companies sometimes attempt to shift liability to others in truck accident claims due to the multitude of potentially liable parties. They may also point the finger at the injured motorist to reduce the amount they have to pay out on a claim. If they find an injury victim 25% at fault, they can reduce a $100,000 injury claim to a $75,000 payout. A truck accident injury victim must have experienced legal counsel to investigate all aspects of the accident and protect the injury victim’s right to full and fair compensation for their damages.
What Damages Are Recoverable From the Liable Party In a Truck Accident?
Once an injury victim’s truck accident attorney makes a compelling case for liability, the truck accident victim may recover compensation for damages such as the following:
- Past and future medical expenses
- Past and future income loss
- Out-of-pocket expenses
- Pain and suffering
- Additional damages that apply in individual circumstances, such as loss of limb, disfigurement, organ damage, diminished quality of life, and other catastrophic injuries
Less commonly, punitive damages are also available if the truck driver’s actions were egregious, such as driving drunk or engaging in road rage behaviors and causing the accident.
Determining liability and presenting compelling evidence to the appropriate insurance company is necessary to recover full compensation for damages after a truck accident.
