Can more than one party be responsible in truck accidents?

More than one party can be responsible in truck accidents when the driver, the trucking company, or others contribute to a crash. These cases are often very complicated, so it helps to work with a skilled California truck accident lawyer from Ernst Law Group to untangle the details. We are happy to help you understand how fault works in truck accident claims in California. 

Who can be responsible for a truck accident?

Many different individuals and entities can share responsibility for a crash involving a commercial trucking vehicle. Some common parties at fault include the following:

• The truck driver
• The trucking company that vets, hires, and trains the driver
• The cargo loaders who fail to secure freight or overload the semi-truck
• The repair or maintenance company is negligent if inspections, maintenance, or repairs contributed to the crash.
• The parts manufacturer that produced defective components or tires used on the truck
• Other drivers who swerved into the truck’s lane or otherwise contributed to the accident
• Government entities responsible for the design, maintenance, or repair of public roadways when a dangerous roadway condition contributed to the crash.

It’s crucial to ensure each party is held responsible for their percentage of fault in your accident. Your personal injury lawyer can assess and investigate your truck accident case involving multiple parties to pursue full truck accident compensation. 

Why do truck accidents often involve multiple parties?

One reason your crash may involve multiple parties is the tractor-trailer’s size and weight. Any mistake or wrong move means the vehicle is likely to strike or collide with many others on the road. In fact, the National Highway Traffic Safety Administration (NHTSA) reported that 70% of truck accident fatalities affected occupants in other vehicles, such as passenger cars and SUVs.

Another reason is that these collisions often happen on heavily traveled roads, such as the I-5, the 10, and Highway 99. Construction, driver negligence, weather, and many other factors can lead to devastating crashes and leave you with debilitating injuries. It’s the job of your truck accident lawyer to examine the evidence and build strong personal injury claims against all those to blame. 

 How does California divide fault among parties?

When your truck accident case involves multiple parties, the court will examine the evidence and assign a percentage of fault to each party. Under California Civil Code Section 1431.2, your lawyer can hold all at-fault parties accountable for 100% of your economic damages, such as medical bills and lost wages, through joint and several liability. 

Because California applies joint and several liability to economic damages, a plaintiff may recover the full amount of those damages from any defendant who is legally responsible, even if another defendant cannot pay. For your non-economic damages, however, the court can only require each defendant to pay their part, such as 20% of your pain and suffering if they were found 20% at fault. 

Why does identifying every responsible party matter?

It’s vital to identify all parties at fault in a truck accident and hold them accountable as a way of recovering all the resources you need to heal from your injuries. It’s also important because using evidence such as police reports, medical bills, and witness statements allows you to demonstrate how others are more responsible for your harm, even if you played a part in the crash.

California follows a pure comparative negligence system, which means you may still recover compensation even if you were mostly at fault for the crash. However, your recovery is reduced by your percentage of fault. That way, if one party isn’t able to meet its portion of liability, you can turn to other individuals or companies so you aren’t left paying for someone else’s negligence or careless action.

Talk to a truck accident lawyer at Ernst Law Group

Your California truck accident lawyer at Ernst Law Group understands that truck collisions are very different from car accidents. You need someone who isn’t afraid to take on big trucking companies or their insurance providers, and we’re ready to be there for you. Set up your free consultation when you contact us online or call (805) 541-0300 today.