California’s fault-based laws allow victims of trucking accidents to pursue compensation from anyone who’s liable for the crash. Liability, which refers to a party’s financial responsibility for a victim’s damages, attaches to any party whose conduct directly or indirectly contributes to a trucking accident.
Most often, liability for truck accidents is based on torts related to negligence, strict liability, or intentionally harmful conduct.
Every truck accident happens for a different reason. The underlying cause(s) of each 18-wheeler accident will dictate who’s at fault and, in turn, responsible for crash-related property damage, personal injuries, and/or wrongful deaths.
Here’s a breakdown of some parties that often bear responsibility for truck accidents in the state of California.
Truck Drivers
Truck drivers assume a heightened duty of care when driving large rigs across the Golden State. They must do “all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers or property.” So, even minor mistakes that might not cause other drivers to be liable for a traffic accident can result in liability for a truck driver.
Some common reasons why a truck driver might be liable for a big rig accident include:
- Speeding
- Distracted driving
- Driving while fatigued because they’ve violated Federal Motor Carrier Safety Administration (FMCSA) hours of service regulations
- Drugged driving
- Drunk driving
- Following other vehicles too closely
- Failing to check the truck’s blind spots before changing lanes
- Braking errors
- Failing to yield the right of way when merging
- Failing to perform pre- and post-trip vehicle inspections
- Failing to check that the cargo is loaded and secured properly before driving
- Driving without a valid Commercial Driver’s License (CDL)
Any breach of a driver’s duty of care to other motorists can cause them to be responsible for damages resulting from a truck accident in California.
Trucking Company
Liability for a trucking service can be twofold. The trucking company can be liable for its own actions (or inaction) and/or liable for the negligence of its driver.
Liability For Negligence
Trucking companies that operate in California have an obligation to comply with California state trucking regulations, as well as those imposed by the FMCSA. State and federal trucking regulations are designed to enhance safe truck operations and reduce traffic accidents. Trucking companies have to maintain a safe fleet of vehicles, conduct mandatory truck inspections and maintenance at designated intervals, hire (and train) qualified truck drivers, and adhere to strict cargo requirements.
When a trucking service violates these regulations - intentionally or by mistake - it can be liable if those violations contributed to a truck accident.
Vicarious Liability For Truck Driver Negligence
Trucking companies can also be vicariously liable for a truck driver’s negligence. Vicarious liability attaches when a truck driver is an employee and causes a truck accident through negligent or otherwise tortious conduct.
Simply put, the trucking service is responsible for the actions of its drivers. When the driver makes a mistake, the trucking company may be liable for damages.
Truck or Equipment Manufacturer
Sometimes, negligence isn’t the root cause of a trucking accident in California - a vehicle defect is. Defects are problems inherent in the way a vehicle (or piece of equipment) is designed, manufactured, and/or marketed. If a truck or trucking component - like the brakes, transmission, tires, or electrical system - is unreasonably unsafe and contributes to a truck accident, the manufacturer can be strictly liable for a victim’s injuries or death.
Freight Broker
Freight brokers help to connect sellers of goods with transportation services. In the event that a freight broker selects a trucking company with a poor safety rating or a history of violating FMCSA safety regulations, the broker could potentially be liable if that trucking service causes an accident. The freight broker’s negligence could be considered a substantial factor in causing the wreck, and, in turn, the broker could be liable for at least some of a victim’s crash-related damages.
Third Party Motorist
While many of California’s truck accidents are caused by truck driver and/or trucking service negligence, others happen because other motorists on the road are careless. All drivers assume a duty to navigate California roads safely. When a driver is aggressive or reckless at the wheel and their actions lead to a collision with a tractor-trailer, semi-truck, or another large commercial truck, they can be responsible for the harm caused, too.
Government Agency
Government agencies are typically immune from civil tort actions. However, a government agency might be liable for a truck accident if its negligence contributed to a big rig accident. In the context of truck accidents, government agencies are most often liable when an agency allows dangerous road conditions to persist or fails to confirm that a trucking service has complied with safety regulations.
Call Singleton Schreiber For Help Getting Compensation From a Liable Party After a Truck Accident in California
Liability can be a hotly contested issue after a truck accident in California. Trucking companies, which often prioritize profit over safety, will work hard to avoid responsibility when their vehicles are involved in wrecks. And so will anyone else who shares responsibility for a truck accident.
As the victim of a trucking accident in California, you may have the right to file a claim with the at-fault party’s insurance company or sue the at-fault party directly. It’ll be essential to level the playing field, which is best achieved by hiring an experienced California truck accident lawyer near you.
Truck accident victims in California continue to trust the San Diego truck accident lawyers at Singleton Schreiber. We are award-winning trial attorneys who are passionate about protecting the rights and interests of injury victims and grieving families. Backed by our personal injury law firm’s national resources, we’ve forced trucking services, manufacturers, property owners, and other powerful adversaries to pay our clients more than $3 billion in settlements and jury verdicts.
You have a limited time to hold a liable party accountable for your California truck accident. Don’t hesitate to contact one of our California law offices - located in Pasadena, Los Angeles, Sacramento, and San Diego - to discuss your truck accident case. Your first case evaluation is free.
