By their very nature, truck accidents are unique from other types of car accidents. Determining liability for a truck accident involves many complex and compounding factors, such as commercial trucking insurance coverage, specific trucking industry laws, the higher likelihood of severe injuries and fatalities, and special accident investigations. This article breaks down the key factors in determining liability in a California truck accident.

How Liability Is Determined After A Truck Accident

Determining liability after a truck accident can quickly become ridiculously complicated. These types of accidents almost always involve catastrophic injuries and a lot of complex legalities, and can get even more complicated when liability may be shared by multiple parties. The trucking company, the truck driver, and truck manufacturer may all be determined to be liable for a truck accident. Even when an injured driver shares a portion of the responsibility for causing a truck accident, they are still able to potentially recover some damages because California is a comparative liability state. This means that even an at-fault driver is potentially able to file a personal injury lawsuit for a certain amount of damages, no matter if they were partially at-fault for the collision or not. 

Negligence vs. Strict Liability

A degree of liability may be shared among several parties for a truck accident that resulted in losses and injuries. When it comes to proving liability, however, it all boils down to one (and sometimes both) of two components: strict liability and negligence. Under California law, any truck injured as the result of a truck driver’s negligence has the right to file a personal injury lawsuit. In this case, the impetus is on the plaintiff (person filing the suit) to prove the truck driver’s negligence beyond a reasonable doubt.

Demonstrating Negligence In A California Truck Accident

To demonstrate a truck driver was negligent, three factors must be proven:

• There was a duty of care owed to the accident victim by the truck driver
• That duty of care was breached by the truck driver through negligence 
• The victim’s losses were the direct result of this breach of duty of care

Examples of truck driver negligence may include:

• Driving under the influence of alcohol or drugs
• Distracted driving
• Speeding
• Violating safety regulations
• Changing lanes in an unsafe manner
• Violating traffic signals
• Not yielding the right-of-way

Strict Liability Claims

Under California’s strict liability law, manufacturers, designers, and any other parties who had participated in a products’ distribution chain may be held liable if a truck accident is caused by a defective product. Negligence is not a factor in strict liability cases, as any of the parties involved in the product distribution chain can be held liable, whether or not they were directly involved in the crash. You can file a strict liability claim based on faulty:

• Engine/transmission parts
• Accelerator pedals
• Brakes
• Tires
• Cargo ties or straps

Contact Us Today

If you or somebody you love was injured in a truck accident, it’s important to have an experienced truck accident lawyer on your side to help you navigate the complexities of the case and get you the compensation you are entitled to while you recover and spend time with family. Call the Law Office of Ball & Yorke to consult with a top California truck accident lawyer today.