Truck accident liability is a crucial piece of the puzzle your attorney must assemble to help you recover compensation for your injuries and losses. When multiple drivers are involved, finger-pointing quickly begins, delaying you from receiving the financial relief you need.
When you have suffered injuries, you need a California truck accident lawyer working on your side. Proving truck accident liability can be difficult for even the most seasoned attorneys, but attempting to do so alone can greatly destroy your chances of recovering the compensation you deserve. Contact Ernst Law Group for a no-obligation consultation to discuss the details of your truck accident and discover how we can assist you.
Who are the potentially responsible parties in a truck accident?
While it’s common to assume the truck driver is the primary at-fault party, many could be responsible for a crash. These third parties could include the following.
The trucking company
Liability often falls on the company that hired the trucker. However, proving this is difficult unless the lawyer or an accident scene expert can expose supporting evidence.
Inspectors
If inspectors fail to properly identify potential issues that make a truck dangerous to drive, they or their company’s owner could be liable.
The manufacturer or cargo loaders
Defective parts that cause an accident can be a manufacturer missing a malfunction or defect in a batch of parts. If an accident occurred involving the truck’s cargo, the cargo loader could be liable if they did not properly inspect and secure it.
The truck’s owner
If a trucking company uses a vehicle they don’t own, the truck owner could be held liable if they were responsible for inspecting the truck, upkeep the tires, checking the engine, and ensuring the truck’s internal workings were all in good working order.
Other drivers on the road
If a distracted driver changes lanes too closely in front of a truck, the truck driver may take evasive action to avoid hitting them. This could lead to a chain reaction of rear-end or sideswipe accidents.
Regardless of who is liable, your highway accident attorney from Ernst Law Group will try to identify them and prove they were responsible.
What is needed for an attorney to prove truck accident liability?
An attorney must prove liability through irrefutable and tangible evidence that proves negligence by the responsible party. Your lawyer will carefully review police reports and photographs taken at the accident scene to piece together what occurred. They will also look at medical records and other available evidence to help prove liability in court.
To prove that someone was responsible for the crash, the following elements of negligence must be proven:
- Duty – The defendant owed a duty of care towards other drivers on the road, meaning they should act the way a reasonable person would in the same situation.
- Breach – The defendant breached that duty of care.
- Causation – The defendant’s breach of duty of care directly caused the victim injury or harm.
- Damages – The victim sustained damages, including psychological, physical, and emotional damages, as a result of the breach.
Can you trust Ernst Law Group for your truck accident case?
Truck accident liability can be complicated, but with the help of our skilled truck accident lawyers, the responsible parties will be held liable. With our compelling negotiation skills and legal training, you can be sure a capable and experienced truck accident attorney with Ernst Law Group is handling your case.
We are dedicated to fighting for your legal rights and getting you the best possible results, so call us today at (805) 541-0300 or reach us online using our secure online contact form to schedule your free consultation.