The trucking industry is rigorous when it comes to driver safety. Additionally, the Department of Transportation has strict rules and guidelines drivers and truck companies must adhere to. Still, truck-related traffic accidents are happening every day. According to the Federal Motor Carrier Safety Administration, there were 450,000 police-reported accidents involving large trucks in 2017. About 4,000 of these accidents resulted in fatal injuries, and 344,000 resulted in non-fatal injuries.
The stark reality is that behind every single one of these figures is a person, with a family and a future. When a truck accident happens, the accident can have detrimental effects on many areas of the victim’s life and the lives of his or her loved ones. A majority of truck accident victims can expect devastatingly painful injuries, anguish, and economic hardship. Fortunately, the State of California allows victim’s the opportunity to pursue compensation when the accident has been caused by another’s negligence.
It is not uncommon to hear that pursuing a truck accident claim can be challenging. Although this is true, this should not deter an injured person from seeking the monetary reparations deserved. If you have been injured in a truck accident, the following information can help you build a strong case as you pursue compensation.
What You Need to Establish a Case
Generally, all truck accidents claims will be based on the theory of negligence. This means that the case alleges that the at-fault party, oftentimes the truck driver, acted in a careless manner and thereby is responsible for the damages caused as a result of the carelessness.
Under California personal injury law, in order to be triumphant in a truck accident claim, the following elements must be demonstrated: The at-fault party owed you a duty of care; The at-fault party failed to provide such duty; The at-fault’s failure led to the accident; and damages were sustained as a result of the accident.
These elements must be demonstrated to provide a preponderance of evidence, which means that it is more likely than not that the at-fault party’s actions met each individual element.
Possible Liable Parties
As previously stated, it is common that the at-fault party will primarily be the operator of the big rig. Depending on the facts of the case, however, other parties may also be held accountable for the damages. A few of these parties are: The freight company, The company responsible for loading the cargo, The company that manufactured the truck’s defective part, The company responsible for maintaining the truck, or the government agency that designed or constructed the road where the accident happened.
Defend Your Case With the Support of a Skilled Personal Injury Attorney
Claims made against a truck driver or company are complex, and these companies will usually aggressively defend their own interests. Consequently, it is highly recommended you seek legal counsel from an experienced attorney as soon as possible.
The personal injury attorneys at RM Law Group, LLP are exceptionally qualified in the field of Truck accident cases. The firm excels in helping truck accident victims obtain the maximum amount of compensation available. Consider scheduling your free no-obligation consultation with the law firm today.